The AA folks I have talked to, as well as the info we have seen in print from them does not seem to support your view. What happens if silver passes the buck like the others have done and APA wants nothing to do with NIC?
First off, If Silver "passes the buck" its considered a win for the west. By not specifically absolving the company of legal liability DFR2 brings, they'll take the more conservative route and use the Nic.
Second, and I don't understand where you east guys get this from, APA doesn't care what list we submit to them. They'll be slotted with whatever we give them so they don't care.
Then only thing they care about (as does Parker) is the delay DFR2 will bring. As Addington was overturned on ripeness only, the merit will be enough to get an injunction put on APA and the company to prevent them from using a non-Nic list.
So again, Silver has to say the company is free and clear to use the Nic for you easties to win. The other two answers mean the company will use the Nic.
And again, APA wouldn't care what list we submit as they get slotted with whatever. They only care about this deal going through to avoid working for a management team they hate under abrogated contracts.
On the other hand Silver may do something the others didn't and say NIC has to be used in the awa/usairways merger. Does that still apply when it is no longer an awa/usair merger? Probably take a couple more hearings and months more to figure that one out.
It sure does apply. And I doubt it will take more hearings as Hummel said he'd end the litigation.
I think it is going to come down to 2 main things. What is the quickest way doug can complete the deal and get his money, and what integration method is best for the APA pilots. And when I say best i mean best seniority wise, not from a legal standpoint. I think if it is dealing with a dfr suit from 1600 pilots vs. better position for the pilots they will go with the pilots. The argument figuring out if APA is even on the hook for a failed and incomplete integration from 3 unions, and by that time probably 10 years ago will surely eat up a couple years at least.
Doug will go with the Nic - period. DFR2 will come with an injunction and shut down the merger. Nothing else can shut down this merger like DFR2 and Parker knows this. All Silver has to do is NOT absolve the company of liability and its done. Nic is it.
In the end you may get exactly what you want, a NIC ruling and USAPA's demise, right before Doug honors AA's no furlough clause and tosses most of the affected parties out on furlough. As you said we don't have that contract with the no furlough clause until integration with AA is complete.
Doug has stated that no furloughs apply to US as well. And our attrition alone will keep anyone from being furloughed.
I don't think when the dust settles its going to matter what the east or the west wanted. Just like Reno and TWA it will go however APA and managment wants it to go. I think the only sure thing is that the hardcore easts DOH dream and the wests NIC dream wont be included in whatever the end result is.
Time will tell.
I guarantee you the Nic will be used in the SLI with AA. The other guarantee, because it has come to pass, is the DOH will NEVER be used.